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Who Is Responsible for Carrying Out a Fire Risk Assessment?

Introduction

A fire risk assessment (FRA) is a cornerstone of fire safety law in the UK. It ensures that every building, whether a workplace, rental property, or residential block, is reviewed for potential fire hazards and fitted with safety measures that protect occupants. Landlords, freeholders, employers, and management companies all face strict legal duties in this area. Failure to comply can lead to fines, imprisonment, and loss of insurance protection.

This guide by Fire Safety Specialists Ltd explains who is responsible for carrying out a fire risk assessment, what the law requires, and how duties apply in shared and residential premises.

Key Takeaway

The responsible person—defined in law as the landlord, building owner, employer, or anyone in control of premises—is legally obliged to ensure a suitable and sufficient fire risk assessment is completed. While tasks may be delegated to managing agents or competent assessors, the legal accountability always remains with the responsible person.

What Is a Fire Risk Assessment and Why Is It Required?

A fire risk assessment is a structured review of a building that identifies potential fire hazards and evaluates how serious those risks are. It starts with spotting ignition sources such as faulty wiring, overloaded sockets, or flammable storage.

The process also considers people at risk, including employees, tenants, visitors, and anyone who may be vulnerable during an emergency. Once the hazards are clear, the responsible person must decide on protective measures such as fire doors, extinguishers, and reliable alarm systems.

All findings should be recorded along with an emergency plan that explains evacuation routes and meeting points. Under the Regulatory Reform (Fire Safety) Order 2005, this assessment is a legal requirement for non-domestic premises and communal areas of residential blocks, and it must be reviewed whenever significant changes occur.

For more detailed information, please read: What Is a Fire Risk Assessment and Why Do You Need One?

Who Is the “Responsible Person”? (Responsible Person Definition)

The responsible person definition is set out in the Fire Safety Order 2005. In practice, the responsible person could be:

  • The employer, if the workplace is under their control.
  • The landlord, owner, or freeholder of a building.
  • A management company or Right to Manage company.
  • An occupier or person in control of the premises.

This person must ensure fire precautions are put in place and an FRA is carried out. They may appoint a competent person—someone with training, experience, and knowledge—to assist with the assessment.

Who Is Responsible for Conducting a Fire Risk Assessment in a Residential Block?

In a residential block, the duty for a fire risk assessment (FRA) usually rests with the freeholder or building owner. It may also be handled by a residents’ management company, a Right to Manage company, or delegated to a managing agent.

These landlord fire duties cover communal areas such as stairwells, corridors, and lobbies. In Houses in Multiple Occupation (HMOs), the landlord or property manager has the same responsibility to ensure that a suitable fire risk assessment is carried out for the entire building. Tenants are not required to arrange the FRA but must cooperate with the safety measures in place.

Because multi-occupancy buildings often involve several parties, the management company FRA plays a key role in keeping responsibilities clear and ensuring compliance with fire safety law.

Can Landlords Delegate Fire Risk Assessments to Managing Agents?

Yes, landlords can appoint a managing agent or external fire risk assessor to conduct the FRA. However, the landlord fire duties are not fully transferred. By law, the landlord remains accountable for ensuring the FRA is suitable and up to date.

A managing agent can:

  • Arrange assessments.
  • Hire a competent assessor.
  • Maintain safety equipment and logs.

But if the FRA is inadequate or neglected, enforcement action will still fall on the person responsible—the landlord, owner, or management company.

You may also read: Fire Safety Regulations for Landlords

 

Who Holds Responsibility for Conducting a Fire Risk Assessment

 

Who Enforces Compliance with Fire Safety Law?

Enforcement is carried out by Fire and Rescue Authorities. They have the power to:

  • Inspect premises and request copies of FRAs.
  • Issue enforcement notices for breaches.
  • Impose fines of up to £5,000 for minor offences.
  • Pursue unlimited fines or imprisonment for serious failures.

Non-compliance can also invalidate insurance claims in the event of a fire, leaving landlords or owners exposed to costly liabilities.

Legal Requirements for Fire Risk Assessments

The Fire Safety Order 2005 (Order 2005) and the Fire Safety Act 2021 outline the legal duties. Key points include:

  1. An FRA is required for all non-domestic premises and communal areas in residential buildings.
  2. If there are five or more employees, the assessment must be written.
  3. FRAs must be reviewed every 12 months and updated when there are significant changes (e.g., building layout, occupancy, or new fire hazards).
  4. A new assessment should be carried out at least every five years.

The assessment must include both the findings and the measures put in place to reduce the risk.

You may also read: Are Fire Risk Assessment Recommendations Legally Binding or Just Suggestions?

Safety Measures That Must Be Put in Place After an FRA

After an FRA identifies risks, the next step is putting safety measures into practice. Common actions include fitting fire doors in corridors and stairwells to contain flames and smoke.

Buildings must also have accessible fire extinguishers so trained occupants can respond quickly in the early stages of a fire. Alarm and detection systems need to be maintained and tested to confirm they will work in an emergency.

Every site should have a clear emergency plan with safe evacuation routes and assembly points. These measures are central to fire safety regulations and ensure that people remain protected in the event of a fire.

Fire Marshal Training and Fire Drills: Why They Matter

The responsible person must ensure staff or residents receive proper training. Appointed fire marshals or fire wardens play a crucial role by guiding evacuations, checking escape routes, and helping prevent risks from escalating.

Regular fire drills give occupants the chance to practice safe evacuation so that, in the event of a fire, they know exactly what to do. Drills reduce confusion and make responses quicker and more effective.

Training also covers essentials like using a fire extinguisher, spotting hazards, and following evacuation points. Together, drills and training help keep people safe and calm during an emergency.

How Often Should a Fire Risk Assessment Be Reviewed or Updated?

A fire risk assessment is not a one-time task—it must be reviewed regularly to stay compliant and effective.

FRAs must be reviewed:

  • Every 12 months as best practice to confirm that safety measures remain effective and up to date.
  • When significant changes occur, such as new tenants, building renovations, or a change in how the premises is used.
  • After any serious incident, including a fire or near miss, to address weaknesses and improve future protection.

A fire risk assessment review ensures the plan stays relevant to current conditions. Missing these reviews can leave outdated procedures in place and create breaches of fire safety standards.

Conclusion

The law makes it clear: the responsible person—whether a landlord, freeholder, or management company—must ensure a sufficient fire risk assessment is in place. Delegation is possible, but accountability cannot be passed on.

Regular reviews, competent assessors, and proper training are not only a legal requirement but also the best way to protect lives and property.

You may also read: Fire Strategy Document vs Fire Risk Assessment - Do You Need Both?

FAQs

Who can legally carry out a fire risk assessment?

A competent person with the right training and knowledge can carry out a fire risk assessment. This fire risk assessor must spot hazards, understand fire risks, and suggest steps to reduce the risk and keep people safe.

What happens if a landlord fails to arrange an FRA?

If the responsible person ignores this legal requirement, they risk fines, enforcement notices, or imprisonment. It also puts people at risk and may void insurance if a fire hazard damages the premise.

Can a resident or tenant request to see the fire risk assessment?

Yes. Tenants can view the FRA for communal areas. This shows whether the landlord or managing agent is responsible for fire safety and has acted to prevent fire. For more information please read: Getting and Sharing Your Building’s Fire Risk Assessment

How often should communal areas in flats have a fire risk assessment?

Shared spaces should be reviewed yearly and after major changes. Regular checks help spot new hazards and ensure alarms, fire doors, and extinguishers keep people safe.

What qualifications must a competent person have?

They need the right training and experience or knowledge of fire safety regulations under the Regulatory Reform (Fire Safety) Order 2005. A skilled assessor can identify fire hazards and recommend safety measures to keep people safe. For more information, please read: What Qualifications Should a Fire Consultant Have in the UK?

 

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